ANNI BIBI Vs. KAISH ALI

JUDGEMENT

(1.) Heard Sri M. Sarwar Khan, learned counsel for the petitioner and Sri Abhishek learned counsel for the respondent.

(2.) The present writ petition is directed against the release order passed by the Courts below in proceeding under Sec. 21(1)(a) of the U.P. Act No. 13 of 1972. Admitted facts of the matter are that the disputed property is a house in which the petitioner was inducted as a tenant. The release application was filed in the year 1993 for the need set up by the landlord that he required the house for himself and his family members. It was stated in the release application that the house at Mohalla Rizvi Khan wherein landlord was living and which belonged to a Waqf was not sufficient for the residence of the landlord and his family member as his brother's family was also residing therein. During the course of time, his sons got married and he needed much larger accommodation.

(3.) The release application was allowed on 6.4.2005 by the Prescribed Authority, however, in appeal, the matter was remanded on 31.7.2006. Again by order dated 28.4.2007, the Prescribed Authority held the need of the landlord as genuine and bonafide and comparative hardship was also found tilted in favour of the landlord. The appellate court by judgment and order dated 15.4.2009 affirmed the findings of the Prescribed Authority.